File #: ID 15-0543    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 6/18/2015 In control: City Council
On agenda: 9/1/2015 Final action: 9/1/2015
Title: Ordinance to Approve the Franchise Agreement between the City of Greensboro and Level 3 Communications, LLC: SECOND READING
Attachments: 1. Level 3 SOS.pdf, 2. Level 3 Signed Franchise Agreement 8 14 15.pdf, 3. 15-0543 2nd Ordinance Approve Level 3 Franchise .pdf

 

Title

Ordinance to Approve the Franchise Agreement between the City of Greensboro and Level 3 Communications, LLC: SECOND READING

 

Body

Department: Engineering and Inspections

Council District: All

 

Public Hearing: No

Advertising Date/By: N/A

 

Contact 1 and Phone: Tom Carruthers, City Attorney, 373-2320

Contact 2 and Phone: Jennifer Schneier, Assistant City Attorney, 373-2320

 

PURPOSE:

To give the second and final approval of the franchise agreement between the City of Greensboro and Level 3 Communications, LLC.  The first approval was granted at the August 18, 2015 City Council meeting.

 

BACKGROUND:

North Carolina General Statute §160A-76 requires that all franchise grants, renewals, extensions, or amendments be made by ordinance and also requires that all such ordinances be passed at two regular meetings of the City Council.

 

The City of Greensboro and Level 3 Communications, LLC have entered into a franchise agreement, which received its first approval by ordinance at the August 18, 2015 City Council meeting.  This is the second regular meeting of the City Council at which the franchise agreement may be approved.

 

The franchise agreement begins July 1, 2015 for a term of ten (10) years with an option for Level 3 to renew for an additional five (5) year period by notifying the City in writing.

 

The proceeds of the franchise agreement have been incorporated into the current fiscal year budget.

 

BUDGET IMPACT:

The City will receive an annual franchise fee based on the amount of linear footage of Level 3’s installations in the City’s rights-of-way.  Currently, the franchise fee is $29,535.00 per year for 98,450 linear feet.  The total linear footage and the franchise fee will be calculated and adjusted yearly through the regular process.

 

RECOMMENDATION / ACTION REQUESTED:

It is recommended that City Council give the second and final approval the franchise agreement between Level 3 and the City of Greensboro.